United States v. Montemayor

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 21, 2006 Charles R. Fulbruge III Clerk No. 05-40383 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAVIER MONTEMAYOR, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-202-ALL -------------------- Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Javier Montemayor has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967).

Montemayor has not filed a response to counsel’s motion. Our independent review of the brief and the record discloses no nonfrivolous issues for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.